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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail to the petitioner subject to a bail bond and surety conditions, with the order to be vacated if criminal antecedents are discovered.

Summary

The petitioner, Sanjay Kumar, sought pre‑arrest bail in a case where 15 litres of illicit liquor were recovered from a motorcycle he owned. He claimed innocence, stating he had no involvement in the liquor trade and that the vehicle was publicly parked. The State opposed the bail, alleging the petitioner’s ownership linked him to the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The court considered the nature of the allegation, the petitioner’s lack of prior criminal record, and the statutory provisions for pre‑arrest bail. It ordered that the petitioner be released on pre‑arrest bail if arrested, upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482 of the BNSS. The order also directed the District Court to verify any other criminal antecedents, which could nullify the bail if found.

Issues considered

  • Whether pre‑arrest bail should be granted to the petitioner under Section 438 Cr.P.C. in a case of alleged possession of illicit liquor.
  • Whether ownership of the vehicle and lack of involvement in liquor trade justify granting bail.
  • Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482 BNSS are satisfied.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 438 Cr.P.C.
  • Section 30(a)
  • motor vehicle ownership
  • bail bond
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18999 of 2026
                      Arising Out of PS. Case No.-140 Year-2024 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 Sanjay Kumar S/o- Rajeshwar Sah Resident of Village- Tharbitta Purnawas
                 Ward no. 06, P.S.- Kishanpur, District- Supaul

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s      :      Mr.Kamal Kishore Singh, Advocate

                 For the Opposite Party/s :       Mr.Khurshid Anwar, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                        Heard Mr. Kamal Kishore Singh, learned counsel

                   appearing on behalf of the petitioner and Mr. Khurshid Anwar,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Bhaptiyahi P.S. Case No. 140/2024 registered for the

                   offence(s) punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act, 2022 (as amended upto date).

                                 3.     As per the allegation made in the FIR, 15 litres of

                   illicit made liquor was recovered from a motorcycle bearing

                   Reg. No.BR50Q-9387 and petitioner is the owner of the said

                   motorcycle.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.18999 of 2026(2) dt.08-04-2026
                                            2/3




          petitioner submits that the petitioner is innocent and he has been

          falsely implicated in the case. He has no concern either with the

          seized liquor or trade of liquor in any manner. The petitioner is

          the owner of the motorcycle bearing Registration No. BR50Q-

          9387, which was parked in an open space, which was easily

          accessible to the general public. On these grounds, petitioner

          seeks to be released on pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail.

                       6. Considering the nature of allegation made against

          the petitioner, the petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned District Court where the case is

          pending/successor court in connection with Bhaptiyahi P.S.

          Case No. 140/2024, subject to the condition as laid down under

          Section 438(2) of the Cr.P.C./482 of the BNSS.

                       7. The District Court is directed to verify the

          criminal antecedent of the petitioner and if it is found that

          the petitioner is involved in some other cases as what has
           Patna High Court CR. MISC. No.18999 of 2026(2) dt.08-04-2026
                                                       3/3




                     been stated in Para-3 of the bail petition, this order will

                     automatically lose its force.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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